PHILIPPINES Law and Practice Contributed by: Patricia A O Bunye and Rafael Raymundo A Evangelista, Cruz Marcelo & Tenefrancia
Environmental Compliance Certificates (ECCs) for Mining Projects An ECC is required for mining projects. To secure an ECC, a proponent must submit an environ - mental impact statement and go through the environmental impact assessment (EIA) process, which includes baseline environmental condi - tions, impact assessments and proof of consul - tation with stakeholders, including communities in the project site and neighbouring areas. The EIA process involves four steps: • scoping; • conduct of EIA study and report preparation; • review and evaluation of the EIA report; and • decision-making. The EMB takes at least 40 days to process an ECC application. 2.2 Impact of Environmentally Protected Areas on Mining Environmentally protected areas are generally closed to mining. The IRR of the Mining Act spe - cifically enumerate the following areas as being closed to mining applications: • areas covered by valid and existing mining rights and mining applications subject to the third point below; • old growth or virgin forests, proclaimed watershed forest reserves, wilderness areas, mangrove forests, mossy forests, national parks, provincial and municipal forests, tree parks, greenbelts, game refuges, bird sanctuaries and areas proclaimed as marine reserves, marine parks and tourist zones as defined by law and identified as initial com - ponents of the National Integrated Protected Areas System, pursuant to Republic Act No 7586 and any such areas expressly prohib -
• failure to perform all other obligations, includ - ing abandonment, under the permits or agreements; • violation of any of the terms and conditions of the permits or agreements; and • violation of existing laws, policies, and rules and regulations.
2. Impact of Environmental Protection and Community Relations on Mining Projects 2.1 Environmental Protection and Licensing of Mining Projects
The Mining Act and its IRR require contractors to institute an environmental protection and enhancement programme prior to the com - mencement of mining operations, and to sub - mit final mine rehabilitation or decommission - ing plans to ensure environmental protection beyond the life of the mine. Other pertinent environmental laws include: • the Toxic Substance and Hazardous and Nuclear Wastes Control Act (Republic Act No 6969); • the Clean Air Act (Republic Act No 8749); • the Clean Water Act (Republic Act No 9275); and • the Act Establishing an Environmental Impact System, Including Other Environmental Management Related Measures and for Other Purposes (Presidential Decree No 1586). These environmental laws are administered by the DENR and the agencies under it, including the MGB and the Environmental Management Bureau (EMB).
398 CHAMBERS.COM
Powered by FlippingBook